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Title Vii’S Deficiencies Affect #Metoo: A Look At Three Ways Title Vii Continues To Fail America’S Workforce, Taylor J. Freeman Peshehonoff 2020 University of Oklahoma College of Law

Title Vii’S Deficiencies Affect #Metoo: A Look At Three Ways Title Vii Continues To Fail America’S Workforce, Taylor J. Freeman Peshehonoff

Oklahoma Law Review

No abstract provided.


Asian Courts And Lgbt Rights, Holning Lau 2019 University of North Carolina School of Law

Asian Courts And Lgbt Rights, Holning Lau

Holning Lau

Courts have played an integral part in advancing the rights of lesbian, gay, bisexual, and transgender (LGBT) communities in many parts of Asia. For example, Taiwan’s highest court ruled in 2017 that it was unconstitutional to exclude same-sex couples from marriage. As a result, in 2019, Taiwan became the first jurisdiction in Asia to legalize same-sex marriage. Among judicial decisions from Asia, Taiwan’s marriage ruling has gone the furthest in affirming same-sex relationships, but it is not alone in vindicating the rights of gay men, lesbians, and bisexuals. Courts in Asia have also advanced transgender rights. For example ...


An Examination Of How The Canadian Military's Legal System Responds To Sexual Assault, Elaine Craig 2019 Dalhousie University Schulich School of Law

An Examination Of How The Canadian Military's Legal System Responds To Sexual Assault, Elaine Craig

Dalhousie Law Journal

Although the Canadian military has been conducting sexual assault trials for over twenty years, there has been no academic study of them and no external review of them. This review of the military’s sexual assault cases (the first of its kind) yields several important findings. First, the conviction rate for the offence of sexual assault by courts martial is dramatically lower than the rate in Canada’s civilian criminal courts. The difference between acquittal rates in sexual assault cases in these two systems appears to be even larger. Since Operation Honour was launched in 2015 only one soldier has ...


Where One Marketplace Closes, (Hopefully) Another Won't Open: In Defense Of Fosta, Abigail W. Balfour 2019 Boston College Law School

Where One Marketplace Closes, (Hopefully) Another Won't Open: In Defense Of Fosta, Abigail W. Balfour

Boston College Law Review

Since federal law first acknowledged the crime of sex trafficking in 2000, the internet has exploded—and sex traffickers have taken note. Traffickers have gained a platform to sell their victims to a much larger audience and with greater ease. Posting victims’ advertisements online allows traffickers to drastically expand their customer base beyond the traditional street corner. Despite congressional attempts to criminalize sex traffickers and their beneficiaries since 2000, the internet persists as an effective conduit for sex traffickers to find customers. In 2018, Congress sought to remedy this by passing legislation that expanded criminal and civil liability to websites ...


Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes 2019 University of Rhode Island

Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Severing The Connection Between Sex Trafficking And U.S. Military Bases Overseas, Anna Belle Hoots 2019 Fordham University School of Law

Severing The Connection Between Sex Trafficking And U.S. Military Bases Overseas, Anna Belle Hoots

Fordham Law Review

The sex trafficking of women and girls by U.S. military men remains an issue plaguing U.S. military bases overseas. While the U.S. government has offered several solutions to combat this specific niche of sex trafficking, the legislation and policy put forth are insufficient to eradicate the problem. After assessing the intersection of sex trafficking and overseas U.S. military bases, this Note both discusses why and proposes how, through the use of Status of Forces Agreements (SOFAs), all U.S. military bases abroad can and must commit to the prevention of this egregious human rights violation. Because ...


Milkovich, #Metoo, And “Liars”: Defamation Law And The Fact-Opinion Distinction, Pooja Bhaskar 2019 Fordham University School of Law

Milkovich, #Metoo, And “Liars”: Defamation Law And The Fact-Opinion Distinction, Pooja Bhaskar

Fordham Law Review

Since the start of the #MeToo movement, sexual assault survivors have increasingly turned defamation law against their alleged assaulters. In these #MeToo defamation cases, an alleged victim publicly claims that another person, usually someone of considerable wealth and fame, sexually assaulted them. The alleged assaulter then calls their accuser a liar, causing their accuser to sue their alleged assaulter for defamation. These cases have consistently raised an element of the defamation analysis that has long challenged courts: distinguishing between statements of actionable “fact” and nonactionable “opinion.” #MeToo defamation cases raise the question of whether an alleged assaulter’s claim that ...


Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman 2019 Montclair State University

Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman

Christopher Salvatore

Extensive research dealing with gender-based perceptions of fear of crime has generally found that women express greater levels of fear compared to men. Further, studies have found that women engage in more self-protective behaviors in response to fear of crime, as well as have different levels of confidence in government efficacy relative to men. The majority of these studies have focused on violent and property crime; little research has focused on gender-based perceptions of the threat of bioterrorism. Using data from a national survey conducted by ABC News / Washington Post, this study contrasted perceptions of safety and fear in response ...


Social Contract Theory, Welfare Reform, Race, And The Male Sex-Right, April L. Cherry 2019 Cleveland-Marshall College of Law, Cleveland State University

Social Contract Theory, Welfare Reform, Race, And The Male Sex-Right, April L. Cherry

April L. Cherry

In this article, Cherry argues that the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) is ultimately a politically undesirable and thinly veiled attack on the reproductive and sexual activities of poor women. In Part I, Cherry examines the development of social contract theory and analyzes social contract theory as a justification for material inequality. Part II examines social contract theory as a justification for the subordination of women. With this theoretical background established, in Part III, Cherry evaluates the current welfare reform proposals as social contract. This section examines the social contractarian language found in the current ...


Rethinking Religious Objections (Old-Testament Based) To Same-Sex Marriage, Doron M. Kalir 2019 Cleveland-Marshall College of Law, Cleveland State University

Rethinking Religious Objections (Old-Testament Based) To Same-Sex Marriage, Doron M. Kalir

Doron M Kalir

In Obergefell v. Hodges, the Supreme Court closed the door on one issue only to open the floodgates to another. While recognizing a constitutional right for same-sex marriage, the Court also legitimized religious objections to such unions, practically inviting complex legal challenges to its doors. In doing so, the Court also called for an "open and searching debate" on the issue. This Article seeks to trigger such debate.

For millennia, objections to same-sex marriage were cast in religious and moral terms. The Jewish Bible ("Old Testament"), conventional wisdom argues, provided three demonstrable proofs of the Bible's abhorrence of same-sex ...


The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris 2019 St. Mary's University School of Law

The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris

St. Mary's Law Journal

Abstract forthcoming


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


The Countermajoritarian Paradox, Neal Devins 2019 William & Mary Law School

The Countermajoritarian Paradox, Neal Devins

Neal E. Devins

No abstract provided.


Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman 2019 William & Mary Law School

Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman

Nathan B. Oman

Recent cases involving religious businesses owners who object to providing services for same-sex weddings and resulting lawsuits have generated a vigorous academic and popular debate. That debate centers in part on the proper role of religion in the market. This article develops three theories of the proper relationship between commerce and religion and applies them to these conflicts. The first approach would apply the norms of liberal democratic governments to market actors. The second approach posits that any market outcome is legitimate so long as it results from voluntary contracts. These approaches yield contradictory and indeterminate advice on the conflicts ...


Born In Dissent: Free Speech And Gay Rights, Dale Carpenter 2019 Southern Methodist University, Dedman School of Law

Born In Dissent: Free Speech And Gay Rights, Dale Carpenter

SMU Law Review

It is no stretch to say that Justice Oliver Wendell Holmes created the modern First Amendment a hundred years ago in his opinions in Schenck and Abrams. It is equally true that the First Amendment created gay America. For advocates of gay legal and social equality, there has been no more reliable and important constitutional text. The freedoms it guarantees protected gay cultural and political institutions from state regulation designed to impose a contrary vision of the good life. Gay organizations, clubs, bars, politicians, journals, newspapers, radio programs, television shows, web sites—all of these—would have been swept away ...


A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer 2019 William & Mary Law School

A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer

James G. Dwyer

No abstract provided.


Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton 2019 William & Mary Law School

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Tonic Immobility: The Fear-Freeze Response As A Forgotten Factor In Sexual Assault Laws, Moriah Schiewe 2019 DePaul University

Tonic Immobility: The Fear-Freeze Response As A Forgotten Factor In Sexual Assault Laws, Moriah Schiewe

DePaul Journal of Women, Gender and the Law

No abstract provided.


Queer Phenomenology In Law: A Critical Theory Of Orientation, Nick J. Sciullo 2019 Texas A&M University-Kingsville

Queer Phenomenology In Law: A Critical Theory Of Orientation, Nick J. Sciullo

Pace Law Review

This Article argues for the application of phenomenology to legal understanding, specifically as a way to think about and through queer people’s interactions with law as well as queer theory in law. There are both pragmatic and theoretical justifications for this project. The pragmatic justifications include the need to better address the legal issues and experiences of queer people, recent political and legal decisions and debates that affect queer people specifically, the need to better provide epistemological resources for queer lawyers, law scholars, law students, and their allies, and the need to better understand how law affects minoritarian populations ...


Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes 2019 University of Rhode Island

Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

In 2013, research findings by Cunningham and Shah claimed that rape and sexually transmitted diseases were reduced by decriminalized prostitution in Rhode Island. The original unpublished claims have received wide media coverage which have gone unexamined. This review finds errors in their analyses. One error is the date when prostitution was decriminalized in Rhode Island. Cunningham and Shah claim that prostitution was decriminalized in 2003. Our analysis finds the date of decriminalization of prostitution was 1980. The change in the start date of decriminalization significantly alters the analysis and the findings. Another error results from Cunningham and Shah using an ...


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